Gardner

This is an appeal by defendant from a judgment of conviction for two counts of armed robbery. We have concluded that there is no merit to his sole contention that certain evidence was inadmissible on the basis that it was obtained as a result of an illegal search and seizure.

The pertinent factual background of the instant case is as follows: Michael O’Neal testified that on September 13, 1965 he was employed at the Begal Gas Station at Third and Thomas Streets in San Francisco; that at 11:40 p.m., while he *322 was in the station office checking his receipts, a Negro man wearing a mustache and dressed in an Army green uniform with a green cap appeared at his side and asked for a package of Camel cigarettes; that O’Neal initially replied that the station was closed; but that when O’Neal noticed the butt of a gun in the man’s pocket, O’Neal told the man that he would see about obtaining the cigarettes; that the man then asked O’Neal whether O’Neal had noticed the weapon, 0 ’Neal replying that he had; that the man then told 0 ’Neal to hand over all the big bills; that 0 ’Neal complied with this order, giving the man $161 in currency; that the man then left, warning O’Neal not to…